The Law of the Canadian Constitution, 2nd Edition

This edition is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms.
Publication Language: English
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$275.00
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ISBN/ISSN: 9780433493822

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The go-to treatise on constitutional law
The second edition of The Law of the Canadian Constitution is a complete picture of constitutional law and the Canadian Charter of Rights and Freedoms. This comprehensive text, written for practitioners and adapted for students provides fresh and current insights, up to date case law, and expert commentary and analysis of current and emerging issues in Constitutional Law.

New in this Edition
Extensively revised and updated content and commentary including:

  • New commentary on the independence of the judiciary and the three guarantees: security of tenure, financial security and administrative independence
  • New discussion of three key concepts of Division of Powers analysis:
    • "double-aspect" (where a subject may fall under both S.91 and S.92 due to having more than one aspect and purpose) and Ancillary Effects with respect to the assignment of a subject to a legislative head of power;
    • two-part test for determining whether the principle of paramountcy applies with respect to the divisions of powers between Federal and Provincial authorities, including coverage of the SCC cases Alberta (Attorney General) v. Moloney and Saskatchewan (Attorney General) v. Lemare Lake Logging Ltd.
    • Coverage of SCC cases relating to the application of the principle of Interjurisdictional Immunity
  • Discussion of s. 121 and barriers to interprovincial trade including the Comeau decision
  • Commentary on Goodwin v. British Columbia (Superintendent of Motor Vehicles) and provincial jurisdiction and parliamentary power over criminal law
  • New commentary on Family Law and sections 91(26), 92(12)
  • Commentary on definition of the term "Indians" due to recent SCC case Daniels with respect to Métis communities
  • Coverage of the Tsilhqot'in Nation decision by the SCC regarding test for Aboriginal title in the context of historically mobile communities
  • Analysis of Freedom of Religion SCC decisions in the Loyola High School case and the Saguenay case
  • Extensive revision on the structure of a Charter Claim: Charter values and Administrative decisions
  • New section on Changing Charter Precedents
  • New commentary on the Oakes test and proportionality analysis
  • New content and commentary on Indigenous Religious Freedom
  • New privacy analysis on access to information on technological devices
  • Extensive commentary on the SCC decision in Taypotat concerning educational requirements of First Nations leadership
  • Coverage of the SCC decision in Association des parents de l'école Rose-des- vents v. British Columbia(Education), discussing whether a minority language school was "equivalent" to majority language schools
  • Coverage of the SCC decision in the Whatcott case pertaining to developments in the interpretation of freedom of expression
  • Significant new discussion on the "2015 labour trilogy" of SCC cases pertaining to section 2(d) of the Charter protecting freedom of association
  • Discussion of the recent Ontario Court of Appeal and SCC rulings in the R. v Michaud case which used S.1of the Charter to justify a breach of S.7 (Life, Liberty and Security of the Person) of the Charter
  • Coverage of SCC decisions in Bedford and Carter with analysis on S.7 application to security of the person, principles of fundamental justice,gross disproportionality; and the Charter in the specific context of S.7 and Assisted Suicide
  • New commentary on enforcement of Charter rights, including limitation periods and Charter damages

An Indispensable Tool
This useful reference book is ideally suited to:

  • Canadian constitutional lawyers who require the most current information and relevant citations related to this contentious area of the law
  • Canadian administrative lawyers who can benefit from the application of constitutional law principles in administrative law as well as government regulations and relations
  • Canadian practitioners who need to apply the tenets of constitutional law when appearing before a court, board or tribunal
  • Canadian judges and adjudicators who can turn to the guide for valuable assistance in applying the doctrines of constitutional law when rendering decisions
  • Law students/ professors – adapted as a teaching tool provides students with a grasp of the importance and fundamentals of constitutional law in Canada

Featured authors

Table of contents

Part I: Sources of the Constitution
Chapter 1: Introduction: Sources of Constitutional Law and Institutions
Chapter 2: Constitutional Amending Procedures
Chapter 3: The Crown Prerogative, Constitutional Conventions and the Unwritten Principles of the Constitution
Chapter 4: Courts, Independence of Judiciary and Judicial Review (Sections 96, 101)

Part II: Division of Powers
Chapter 5: Division of Powers Analysis: Pith and Substance, Double Aspect, Paramountcy and Interjurisdictional Immunity
Chapter 6: Peace, Order and Good Government
Chapter 7: Property and Civil Rights (Section 92(13)) & Provincial Authority in Relation to Local and Private Matters (Section 92(16))
Chapter 8: Criminal Law – Federal Jurisdiction in Relation to Criminal Law and Procedure – Provincial Jurisdiction in Relation to Court Administration (Sections 91(27), 92(14))
Chapter 9: Trade and Commerce (Section 91(2))
Chapter 10: Taxation and the Raising of Revenue (Sections 91(3), 92(2)) and the Jurisdiction of Parliament over Banking, Interests and Bankruptcy
Chapter 11: Communication, Transportation, Navigation and Shipping (Sections 91(10), 92(10))
Chapter 12: Health Care and the Division of Powers
Chapter 13: Intellectual Property (Sections 91(22), (23))
Chapter 14: The Environment and Natural Resources (Section 92A)
Chapter 15: Immigration (Sections 91(25), 95)
Chapter 16: Family Law: Marriage, Divorce and Solemnization of Marriage (Sections 91(26), 92(12))

Part III: Canadian Charter of Rights and Freedoms
Chapter 17: Introduction to the Charter: Charter Analysis
Chapter 18: Application of the Charter (Section 32)
Chapter 19: Standing to Enforce Charter Rights
Chapter 20: Limitation of Rights (Section 1)
Chapter 21: Constitutional Override (Section 33)
Chapter 22: Fundamental Freedoms (Section 2)
Chapter 23: Section 7: Life, Liberty and Security of the Person and the Principles of Fundamental Justice
Chapter 24: Privacy and Unreasonable Search (Section 8)
Chapter 25: Section 15 Equality Rights
Chapter 26: Minority Language Rights (Sections 16 Through 23)
Chapter 27: Mobility Rights (Section 6)
Chapter 28: Democratic Rights (Sections 3 to 5)
Chapter 29: Enforcement of Rights and Remedies (Sections 24, 52)

Part IV: The Constitution and Aboriginal Communities
Chapter 30: the Constitution and Aboriginal Communities: Section 91(24) and Section 35

Part V: Conclusions and Constitutional Materials
Chapter 31: Conclusion

Appendices
Appendix A: Constitution Act, 1867
Appendix B: Constitution Act, 1982 – Canadian Charter of Rights and Freedoms
Index